A SAVARIRAJ Vs. STATE

JUDGEMENT

(1.) THE petitioner is a Secondary Grade Teacher in St. Francis Xavier Elementary School , muthazhagupatti. He, it is said, loved and married a nun-teacher Melcida of the same school. She was stated to be a nun of congregation of St. Anne, Trichy, which is managing the said school. THE school management and the church were stated to have opposed the marriage. His wife, however, resigned from the said school and took up appointment in another school. He, however, continues to work as a teacher in the said school, despite all sorts of opposition, threat and intimidation from the school management.

(2.) SAHAYAM and Britto, tiny tots, aged about eight years, it is said, were studying in III Standard in the said school. The petitioner is said to be their class teacher. On 9. 9. 1993 at 1 P. M. during lunch time, he was alleged to have sent for the girl SAHAYAM to come to the last room where the petitioner was stated to have removed his pant zip and asked her to suck his male organ and it was witnessed by other students also through a window. The other girl Britto was also stated to have done the same feat, as has been done by the other girl, on the previous day, namely, 8. 9. 1993.

(3.) A report from the said Magistrate had been called for in respect of certain allegations made in the affidavit it filed in support of the transfer petition. The said Magistrate, in fact, sent a report. She would, however, admit in her report that her children are studying in the said school and that under no circumstances, any influence had been brought to bear upon the Management of the said school to seek the admission of her children in the said school.